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Bail in non filing of chargesheet

(Querist) 08 October 2012 This query is : Resolved 
That in the offence of 376 IPC the Police did nt filed chargesheet with the period of 90 days and neither made any application for extension of period
The accused is in jail

My query is ---

whether I can filed bail ?
before whom I can filed bail JMFC or Session Court /

under what provisions I can file bail application ?

pls guide

Thankng U

MohammedRaffiq Bijapur (Expert) 08 October 2012
Sec 376 of IPC is triable by Sessions Judge.
File bail application u/sec 439 CrPC.
Rajeev Kumar (Expert) 09 October 2012
Section 376 ipc is an offence of rape and is triable by session court so file the bail application u/s 439 of cr.pc
DEEPAK ASSOCIATES (Expert) 09 October 2012
Bail application be filed u/s 167(2) CrPC before the JFMC being the case has not been committed till now. Hence the application for bail be moved before JFMC u/s 167(2) of CrPC. It is also informed that the bail is mandatory under this procedure.

PARTHA P BORBORA (Expert) 09 October 2012
As 90 has been completed and no charge sheet has been file the accused must be released on bail as per the provision of Sec 167(2) of CrPC. So apply accordingly.
R.K Nanda (Expert) 09 October 2012
agree with experts.
Arun Kumar Bhagat (Expert) 06 November 2012
Mr. Deepak Kapoor is absolutely right.

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